Bautista

INTRODUCTION

Javier Bautista appeals a judgment denying his petition for writ of administrative mandate that challenged the decision of the State Personnel Board (SPB) upholding the California Department of Corrections and Rehabilitation’s (CDCR) determination to terminate his employment. He challenges the administrative law judge’s finding that his testimony was not credible. He further contends the evidence was insufficient to support the finding that he was dishonest for failing to report the use of force. We reject these contentions and affirm the judgment.

PROCEDURAL BACKGROUND

Javier Bautista and Abel Garcia were dismissed from their employment with the CDCR following an incident in December 2007. Each appealed the dismissal to the SPB. The matters proceeded jointly and the administrative law judge (ALJ) heard seven days of testimony taken in December 2009 and March 2010. On October 7, 2010, the ALJ issued his proposed decision. The decision sustained the dismissals and found that the conduct of Bautista and Garcia constituted inexcusable neglect of duty, willful disobedience, and failure of good behavior. On October 19, 2010, the SPB sustained the dismissals and adopted…